Pennsylvania

  • September 22, 2017

    Taxation With Representation: Cravath, Hogan, Skadden

    In this week’s Taxation With Representation, government contractor Northrop Grumman agrees to pay $7.8 billion for Orbital ATK, Teva sells off the remainder of its women’s health assets for $1.4 billion, and an affiliate of private equity firm H.I.G. Capital buys Vantage Specialty Chemicals for approximately $1 billion.

  • September 22, 2017

    Pa. Mayor's Corruption Trial To Be Held In Allentown

    A Pennsylvania federal judge Thursday picked Allentown, Pennsylvania, over Philadelphia as the place to hold the corruption trial of the mayor of Allentown and a Norris McLaughlin attorney, saying that the trial was a matter of public interest to the people of Allentown.

  • September 22, 2017

    Pa. Appeals Court Urged To Uphold Ex-PSU Prez's Conviction

    While conceding that ex-Penn State University President Graham Spanier had raised compelling arguments to undercut his recent conviction on child endangerment charges stemming from the Jerry Sandusky sex abuse scandal, the trial judge who oversaw the closely watched criminal case urged an appeals court on Friday to uphold the verdict.

  • September 22, 2017

    Atty Wins Arbitration Bid At 3rd Circ. In Malpractice Row

    The Third Circuit on Thursday affirmed that a legal malpractice claim stemming from a divorce case has to be arbitrated, reasoning that a New Jersey rule barring an arbitration clause in an attorney-client agreement would be preempted by federal arbitration law.

  • September 22, 2017

    3rd Circ. Declines To Rehear Pa. Radiation Suits

    The Third Circuit on Thursday said it would not hold a rehearing following its decision last month barring a group of Pennsylvania residents from moving forward with claims that they developed cancer after being exposed to emissions from a former Babcock & Wilcox Co. and Atlantic Richfield Co. nuclear facility.

  • September 22, 2017

    J&J Unit Presses Pa. Judge To Toss $57M Pelvic Mesh Verdict

    A Johnson & Johnson unit is pushing a Pennsylvania state judge to throw out a $57.1 million pelvic mesh injury verdict it was slapped with earlier this month on grounds that the victim in the case had waited too long after learning about her injury to file suit.

  • September 21, 2017

    3rd Circ. Affirms Coach Not Liable In Brain Injury Suit

    A Third Circuit panel affirmed on Thursday a lower court's decision to end a liability suit brought by a high school football player’s family against a coach and a Pennsylvania school district after the player sustained a traumatic brain injury during practice, finding that the coach qualifies for immunity.

  • September 21, 2017

    Judge Tosses U Of Pennsylvania Retirement Plan Suit

    A Pennsylvania federal judge on Thursday dismissed every count in a sprawling proposed class action alleging that the University of Pennsylvania mismanaged its employees’ retirement plan, saying that the funds Penn offered, the fees it paid and the contracts by which it paid them were all on the level.

  • September 21, 2017

    1st Pa. County Sues Opioid Makers Over Addiction Epidemic

    Pennsylvania’s fifth largest county on Thursday became the first one in the state to sue opioid manufacturers for damages stemming from their allegedly deceitful marketing of pain medications.

  • September 21, 2017

    Audi Wants Dealer Counterclaims Gone In Suit Over $23M Sale

    Audi of America Inc. on Wednesday slammed “scattershot” counterclaims filed against it after it sued to block a Pennsylvania auto dealer’s $23 million asset sale, saying the allegations must be thrown out pursuant to the Noerr-Pennington doctrine, which bars any claim based on conduct that occurs as part of litigation.

  • September 21, 2017

    $30M Settlement In Investors' Suit Against Lender Wins OK

    A Pennsylvania federal judge on Wednesday signed off on a $30 million settlement between payday lender DFC Global and a class of institutional investors who alleged that it violated securities laws by misrepresenting its financial health and quality of lending practices.

  • September 21, 2017

    CEO's Oversight Doesn't Merit $1M Tax Penalty, Judge Says

    A Pennsylvania federal judge on Wednesday sided with a pharmaceutical CEO challenging a nearly $1 million tax penalty, ruling after a bench trial that while the executive may have been negligent when he failed to disclose a Swiss bank account, he didn’t willfully violate an IRS reporting requirement.

  • September 21, 2017

    Greenlease Blasts Allocation In 3rd Circ. Cleanup Case

    Greenlease Holding Co. reiterated its stance that a Pennsylvania federal judge used a flawed calculation to allocate environmental contamination cleanup costs for a former rail car plant in a case by Trinity Industries Inc., telling the Third Circuit on Tuesday that the lower court had misconstrued a Trinity expert’s recommended method.

  • September 21, 2017

    3rd Circ. Lets GSK Win Stand In Wellbutrin Pay-For-Delay Row

    The Third Circuit on Wednesday turned down requests by buyers of Wellbutrin XL to redo its August decision upholding a win for GlaxoSmithKline PLC in litigation accusing the company of delaying generic competition for the antidepressant.

  • September 20, 2017

    Pa. Contractor To Pay $3.5M Over FAA Building Fire In NJ

    A Pennsylvania-based contractor has agreed to pay $3.5 million to the U.S. government to resolve a New Jersey federal court action alleging that the business caused a 2012 fire at a Federal Aviation Administration facility in Atlantic City, authorities announced Tuesday.

  • September 20, 2017

    DLA, Baker Slam Philly Firm's Fraud And Excess Fee Suit

    A Philadelphia-based personal injury firm wants to establish a new and flawed standard for a lawyer's duty to predict defeat in a lawsuit, DLA Piper said in a Tuesday filing in Pennsylvania, while BakerHostetler argued that the firm's suit was targeting work largely done at DLA Piper.

  • September 20, 2017

    Pa. County Didn't Willfully Flout FLSA, 3rd Circ. Says

    The Third Circuit ruled Wednesday that Pennsylvania’s Lackawanna County didn’t willfully violate the Fair Labor Standards Act when it failed to pay overtime to workers who performed multiple part-time jobs, saying that testimony from county officials generally referencing its FLSA obligations wasn’t enough for the willfulness issue to make it before a jury.

  • September 20, 2017

    J&J Blocking Remicade Biosimilar Sales, Pfizer Says

    Pfizer Inc. can't break into the market with its biosimilar version of Johnson & Johnson's blockbuster biologic Remicade, as J&J and its subsidiary Janssen Biotech Inc. have been holding on to a monopoly through a multifaceted anti-competitive campaign, Pfizer told a Pennsylvania federal court Wednesday.

  • September 20, 2017

    Sunoco Seeks Redo At 3rd Circ. Over Credit Card Claims

    Sunoco Inc. on Tuesday asked the Third Circuit to review its split decision refusing to let the energy giant force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations, saying that the majority “misperceived” contract law and contravened relevant court precedents.

  • September 20, 2017

    Goodwin Procter DQ Bid Pauses Teva-Impax Indemnity Suit

    A Pennsylvania appeals court has agreed to temporarily halt Teva Pharmaceuticals USA Inc.'s lawsuit against erstwhile business partner Impax Laboratories Inc. over a settlement Teva inked related to antidepressant Budeprion while Impax appeals a decision rejecting its bid to disqualify Goodwin Procter LLP from working on the case, according to an order docketed Wednesday.

Expert Analysis

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.

  • Extending CalPERS V. ANZ Securities To Exchange Act Cases

    Alan Glickman

    The Third Circuit in North Sound Capital v. Merck became the first federal appellate court to extend the U.S. Supreme Court’s ruling in California Public Employees’ Retirement System v. ANZ Securities, applying it to claims brought under the Exchange Act. However, the decision's significance remains unclear, say attorneys with Schulte Roth & Zabel LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Valley Forge Quashes School Districts' Reverse Appeals

    John Summers

    In Valley Forge v. Upper Merion, the Pennsylvania Supreme Court held two months ago that school districts' policies and practices related to filing reverse real estate tax assessment appeals violate the state's uniformity clause. Trial courts will now have to apply this decision to scores of districts' reverse appeals, say attorneys with Hangley Aronchick Segal Pudlin Schiller.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Courts Focus On Insurance Policy Language, Not Case Law

    Syed Ahmad

    A Pennsylvania appeals court's decision in Century v. OneBeacon this month found that OneBeacon owed reinsurance coverage to two insurers for asbestos claims. This decision is the latest in a line of rulings that examines each contract based on its unique terms and rejects reinsurers' prior case law arguments, say attorneys with Hunton & Williams LLP.